El-Sheik v. 1069195 Ontario Inc. o/a Academy of Learning Career & Business College, 2013 HRTO 983

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hassan Mohmed El-Sheik

Applicant

-and-

1069195 Ontario Inc. o/a Academy of Learning Career & Business College

and Curt Moeller

Respondents

DECISION

Adjudicator: Eric Whist

Date: June 3, 2013

Citation: 2013 HRTO 983

Indexed as: El-Sheik v. 1069195 Ontario Inc. o/a Academy of Learning Career & Business College

1This Decision addresses the fact that the applicant has failed to provide the Tribunal with updated contact information, as directed.

2The applicant filed his Application on April 12, 2013, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The applicant provided a mailing address and email address on his Application indicating that the best way to send him information was by mail.

3Copies of the respondents’ Responses were mailed to the applicant at the mailing address he provided on his Application. The applicant filed a Reply to these Responses.

4On February 11, 2013, the Tribunal mailed a Notice of Confirmation of Hearing stating that a hearing of his Application was scheduled for July 5, 2013. The Notice was returned by Canada Post with a hand written comment on the envelope that the applicant had moved in December 2012. The applicant had not communicated prior to February 13, 2013 with the Tribunal to indicate that he had moved or that he had a new mailing address.

5On April 10, 2013, the Tribunal emailed the applicant at the email address he provided on his Application asking that the applicant provide his current address, noting that a hearing had been scheduled for July 5, 2013.

6On May 5, 2013, the Tribunal emailed the applicant again stating that the applicant must advise the Tribunal and the respondents of his current address and drawing the applicant’s attention to Rule 5.4 of the Tribunal’s Rules of Procedure which states:

The Tribunal may finally determine the Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

7The May 5, 2013 email indicated that if the applicant did not respond by May 14, 2013, the Tribunal may deem the Application to be abandoned and dismiss the Application.

8On May 24, 2013, the Tribunal emailed and sent a letter to the applicant at the addresses provided on his Application reiterating the need to provide contact information to the Tribunal, drawing his attention again to Rule 5.4 and that if the applicant did not respond the Tribunal may deem the Application abandoned and dismiss the file. The applicant was given a deadline of May 31, 2013.

9The applicant has not responded to the Tribunal and has not provided his contact information as directed.

10Given the failure of the applicant to provide his contact information as directed, the Application is dismissed as abandoned.